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(영문) 수원지방법원성남지원 2016.06.08 2015가합204812
집행판결
Text

1. The International Court of Arbitration of the International Commerce Conference between the Plaintiff and the Defendant (hereinafter “International Court of Arbitration”).

Reasons

1. Basic facts

A. The plaintiff is a U.S. corporation established in California, which aims at the manufacturing and selling of heading, etc., and the defendant is a domestic corporation that aims at the manufacturing and selling of heading, etc.

B. On March 19, 2010, the Plaintiff sent to C, a purchase manager of the Defendant, accompanied by the following order (hereinafter “instant order”) stating that “The fixed price for the remainder of the necessary quantity may be presented to the Defendant.”

제품 SPC 코드 수량 Net $/lb 챈들러 라이트 반태 LH-20 4,670-20# 상자 $5.27 챈들러 라이트 반태 및 조각 20% S2-25 13,025-25# 상자 $4.42 라이트 제빵용 작은 조각 S11-30 9,580-30# 상자 $4.75 제품은 질소 충전하여 진공 포장

The standard terms and conditions of the Plaintiff sales contract are applied to the sale that is marked as requested and the storage temperature is not indicated, and the shipment is packed in the POB delivery conditions from the Bale Port on October 31, 2010 to the 40'FCL capacity - regardless of the date of packing - the sale that an additional preparation, testing, and document cost is added to a minimum quantity of less than the minimum quantity shall be subject to the application of the standard terms and conditions of the Plaintiff sales contract confirmation. The proposal shall be valid until March 23, 2010 and thereafter needs to be confirmed.

C. On March 26, 2010, C: (a) the title “verification of an additional annual quantity”; (b) confirms that the Plaintiff wishes to purchase the secondary annual quantity proposed by us. I wish to enter into a transaction with the Plaintiff, and to establish an agreement in favor of the Plaintiff; (c) attach a document with a seal imprint affixed to the annual quantity; (d) the seal imprint affixed to the Plaintiff. The D Distribution Headquarters stamped the seal imprint’s seal imprint. The D Distribution Headquarters affixed the seal imprint’s seal imprint affixed to “D Co., Ltd.’s Korea Distribution Headquarters’s receipt and affixed a copy of the instant order.”

On April 6, 2010, the plaintiff is the remaining quantity of the year of aquaticity to C.

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